Jack Goldsmith is the Learned Hand Professor of Law at Harvard Law School, where he teaches and writes about national security law, international law, internet law, and, recently, labor history. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
Earlier this year, labor historian Melvyn Dubofsky gave a very pessimistic assessment of the prospects for the American labor movement. “Given the current alignment of forces domestically and globally,” he concluded, “I find it hard to conceive of any tactics or broader strategy through which the labor movement might re-establish its former size, place, and power.” Rick Yeselson has written an implicit response. He proposes a “Fortress Unionism” strategy during the period of labor’s stasis and decline, a period he thinks will end only when “the workers themselves militantly signal that they want unions.” Fortress Unionism has five tenets: (1) Defend the remaining high-density regions, sectors, and companies; (2) Strengthen existing union locals; (3) Ask one key question about organizing drives: Will they increase the density or power of existing strongholds?; (4) Sustain coalition work with other progressive organizations; (5) Invest heavily in alt-labor organizations, especially Working America.
With the possible exception of (5), Fortress Unionism seems like a defeatist strategy that will worsen’s labor’s plight. Jimmy Hoffa would have agreed with Yeselson’s commentator Cato Uticensis: “the answer to ‘what is to be done’ is the same as it ever was: organize and fight.” But perhaps a better (though not a complete) answer for the modern labor movement is provided in the comments by Jefferson Cowie, author of the great 1970s labor history, Stayin’ Alive, who said: “As for the future, one word: immigrants.”
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July 18
Trump names two NLRB nominees; Bernie Sanders introduces guaranteed universal pension plan legislation; the DOL ends its job training program for low-income seniors; and USCIS sunsets DALE.
July 17
EEOC resumes processing transgender workers' complaints; Senate questions Trump's NLRB General Counsel nominee; South Korean unions strike for reforms.
July 16
The U.S. Department of Health and Human Services lays off thousands of employees; attorneys for the Trump Administration argue against revealing plans to reduce the workforce of federal agencies; and the Fourth Circuit grants an emergency stay on the termination of TPS for thousands of Afghans.
July 15
The Department of Labor announces new guidance around Occupational Safety and Health Administration penalty and debt collection procedures; a Cornell University graduate student challenges graduate student employee-status under the National Labor Relations Act; the Supreme Court clears the way for the Trump administration to move forward with a significant staff reduction at the Department of Education.
July 14
More circuits weigh in on two-step certification; Uber challengers Seattle deactivation ordinance.
July 13
APWU and USPS ratify a new contract, ICE barred from racial profiling in Los Angeles, and the fight continues over the dismantling of NIOSH